Helpful Hints

SMALL ESTATE:
ET§5-601
-The
estate procedure for a decedent who owned probate assets with a gross value of
$50,000 or less (or $100,000 or less if the sole heir or legatee is
the surviving spouse) in his/her name alone. Otherwise, should be Regular
Estate.

Date of Death:

Prior to
1970
$1,000

1/1/70 to 6/30/74
$2,000

7/1/74 to 6/30/78
$5,000

7/1/78 to 6/30/82
$7,500

7/1/82 to 6/30/88
$10,000

7/1/88 to 6/30/00
$20,000

7/1/00 to 9/30/2012
$30,000/$50,000

10/1/2012 to Current
$50,000/$100,000

As of 1/1/98
– Estate
amount is determined by fair market value of property less the debts of
record secured by the property as of date of death, to the extent that
insurance benefits are not payable to the lien holder or secured party.May
use tax assessment for value.

FUNERAL ALLOWANCE:
ET§8-106-
If the estate is solvent and the decedent's Will expressly empowers the personal representative
to pay the funeral expenses without Court approval, a Petition and Court Order is not required.

Date of Death:

Prior to
7/1/71
$500

7/1/71
to
6/30/83
$1,200

7/1/83
to
6/30/88
$1,800

7/1/88
to
6/30/91
$2,500

7/1/91
to
12/31/97
$3,500

1/1/98
to
9/30/05
$5,000

10/1/05
to Current
$10,000

The following applies to estates opening on or after October 1, 2015:
For estates in modified administration, funeral expenses are allowed in any amount without Court approval.
For all other estates, funeral allowance is increased from $10,000 to $15,000.

FAMILY ALLOWANCES:ET§3-201 -Surviving spouse and minor children of the decedent receive an
allowance in addition to property passing under the Will or by the laws of
intestacy.

Date of Death:

Prior to 1/1/1970

$500 to surviving spouse

$1,000 to spouse with minor children

1/1/1970 to 6/30/1981

$1,000 to surviving spouse

$500 to each minor child

7/1/1981 to 6/30/1991

$2,000 to surviving spouse

$1,000 to each minor child

7/1/1991 to 9/30/2013

$5,000 to surviving spouse

$2,500 to each minor child

10/1/2013 to Current

$10,000 to surviving spouse

$5,000 to each minor child

ET §13-010
-Prior to 7/1/1973 - Minor’s age
was 21 and thereafter 18. Unless the Will directs otherwise, need
guardianships.

INHERITANCE TAXES:
ET§7-202
-The inheritance tax is to be based on the value of the
property at the time of distribution.

§7-203 – As of 1/1/98: Inheritance tax
does not apply to the receipt of property that passes from a decedent to any one
person if the total does not exceed $1,000 which includes non-probate property
(Prior to 1/1/98 - $150 tax exemption). Inheritance tax does not apply to
income, including gains and losses accrued on probate assets.

§7-204 – If
the Will directs that the inheritance tax shall be paid from the residuary
estate, the tax is calculated upon the specified amount plus such an amount
that, after the tax is calculated on the total and deducted therefrom, the
legatee will receive the specified amount free from tax.

LIST OF INTERESTED PERSONS:
Within 20 Days from the Date of Appointment

INFORMATION REPORT & INVENTORY: Within 3 Months
from the Date of Appointment

ELECTION FOR MODIFIED ADMINISTRATION AND CONSENT: Within 3 Months
from the Date of Appointment

CLAIMS: On or before the
Earlier of: 6 Months from the date of decedent’s death
(except if the decedent died before October 1, 1992); 9 months from
the date of decedent’s death; or 2 Months after the personal
representative mails or otherwise delivers to the creditors a copy of
the published notice or other written notice

PETITION FOR ALLOWANCE OF CLAIM:
Within 60 Days after the mailing of the notice

FIRST ACCOUNTING: Within 9
months from the date of appointment or as early as 6 months

SUBSEQUENT ACCOUNTS: Within 6 Months from the approval date
of the Prior Account

FINAL REPORT UNDER MODIFIED ADMINISTRATION: Within 10
Months from the date of appointment or as early as 6 Months -
Distribution must be made within 12 months
As of 10/1/2003: Can request a 3 month Extension -
Distribution must be made within 13 months

ELECTION OF SURVIVING SPOUSE TO TAKE STATUTORY SHARE:
On or before the Later of 9 Months from the date of
death; or 6 Months after first date of appointment of a
Personal Representative.
Prior to 1/1/04: Within 7 months after date of first appointment.Statutory Share = a one-third share of the net estate if there is also a surviving issue (child or children), or a one-half share of the net estate if there is no surviving issue (child or children).

DISCLAIMER: NO TIME LIMIT
Prior to 10/01/04: Within 9 months
from the date of death.

ASSIGNMENT: NO TIME LIMIT

OBJECTION TO PETITIONS: Within 20 Days from the date of Notice given

OBJECTION TO ACCOUNT: Within 20 Days
from the date of Court Order approving account

Can file a FINAL REPORT. (No Inventory or Administration Account is
required.)

Final Report is
not subject to COURT APPROVAL. (When you file an
Administration Account, it must be approved by the Orphans' Court.)

Final Report is
NOT AUDITED. (Reviewed for accurate calculation. The
personal representative must provide a copy to the all interested persons,
unless a waiver is filed.)

Can list
EXPENSES TO BE PAID on Final Report. (On Administration Account can
only report expenses that are paid at the time of filing.)

Do not need VOUCHERS for expenses listed on Final Report.

Do not have to
wait 20 DAYS for objections before making distribution. (After
an Administration Account is approved, personal representative must wait 20 days from the date of
the Court Order, unless waivers are filed.)

AS OF 10/1/2003:
Can file Consents from all heirs to receive an Extension of Time for an additional 90 days to file the Final Report.